The plaintiff brought a dental malpractice action against the defendants for defective implant surgery and dentures.
The defendants moved for summary judgment, arguing the action was statute-barred under the Limitations Act, 2002.
The court applied the subjective and modified objective tests for discoverability and found that the plaintiff did not discover that a legal proceeding would be an appropriate remedy until the defendants refused to repair his dentures at no cost.
The motion for summary judgment was dismissed.
